This Practice Note distinguishes between highways that are privately maintainable and highways that are maintainable at the public expense. It explains that the constructor retains liability for a new adopted highway until it has been open for around 12 months. Other highways may be privately maintainable by reason of tenure, enclosure, or prescription. It discusses the use of a s 38 agreement which allows for the adoption of a highway, passing the maintenance liability to the highways authority. The Note also sets out the public bodies that have a duty under the Highways Act 1980 to maintain highways maintainable at public expense, including the Secretary of State, county councils, metropolitan or unitary councils, and London boroughs.
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